The partnership act 1890 governs the relationship of the persons and the outside world. And in respect of dissolution; if there is no partnership agreement, the partnership act set out the rights and duties of the partners. Such rights and duties (by act or agreement) may be varies by the consent of all partners. (S 19). ‘The relation which subsists between persons carrying on a business in common with a view to profit.’ Under S24 (5) ‘in common’ means every partner has a say in the firm. The members are only liable for their subscription unless the partnership agreement says otherwise. Saywell V Rope [1979] the wives are not in the partnership as no evidence suggested. ‘Person’ includes a corporation as well as individuals. Companies can enter partnership. ‘With a view to profit’ means certain organisations are excluded. E.g. club or society has no view to profit. Pitreavie Golf Club V Penman [1934] creditor sue under partnership, held, Club’s motivation was to allow member to play not share in profit. ‘Business’ included every trade, occupation and profession. Keith Spicer Ltd V Mansell [1970] Claimant sue the partnership for debt owned, held, there were no partnership so claim failed. Because def carrying on business with no view to profit. It is important to determine whether a partnership exists. For tax reason. When acting in the course of business, the company will bind the other partners to outsiders. S.24 right to share in profit, management, duties and faith since the arrangement is uberrimae fidei. S.35 dissolution. If not acting in good faith then the court can dissolve the partnership. S.28 duty to disclose, bond to render true account of all things affecting the partnership to any partners or their legal representatives. Law V Law [1905] – After the sales agreement there is a partnership asset that was not hidden from the account. But W had lost the right to avoid the contract as he takes the money while knowing disclosure had not made. Held: the agreement to sell shares is avoidable. The contract may be verbally, written or in deed. Basic: A partnership is not a company since it is not incorporated; therefore it has no legal personality separate from its members. Partnership may be implied by conduct where a ‘person holds himself out’ as being a partner. Then he will be liable for the debt incurred S.14 Under the Rules of the Supreme Court 1965, the partners may be sued in the firm’s name. In KHAN & OTHERS V MIAH & OTHERS [2000] HL confirmed that partnership begins at the point of agreement, not the point when the trading starts. S. 5 each partner is an agent for the firm, has the power to bind the firm by his conduct. The partner is agent as far as he’s acting on the firm’s ordinary activities. Mercantile Credit Co V Garrod [1962] – G was sleeping partner and partnership agreement prohibited the sale of cars which P did. Held: G was bound by contract by virtue of S.5 making the contract was the doing of an ‘act for carrying on in the usual way business kind carried on by the firm.’ S 29 (1) every partner must account to the firm for any benefit made by him from any transaction concerning the partnership, it property, name or business connection. Bentley V Craven [1853] C brought products at low price but sell them to the firm at wholesale rate. Held: C can’t retain the profit from these transaction and profit need to hand to the firms. C had used partnership asset, his position to make profit. No person may be introducing as a partner without the consent of all partners. Consent is implied by the other partner when they sign the article. Any different concerning the running of the business, it must be resolved by a majority vote of the partners. If a fundamental change is proposed, requires consent of all partners. S.9 every partner is liable jointly with the other partner for all debts and obligation of the firm. The civil liability Act 1978 provided that judgement recovered against any person...

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...Malaysia, the Companies Act 1965 (CA1965) is the main legislation leading the formation and operation of businesses. This Act permits to a group of people to form several types of corporate organization called as registered companies. Furthermore, this Act also offers services for the incorporation of companies such as regulation, formation of relationship between members and creditors, management and closing down of the company. Registrar of Companies (ROC) executes and manages control of the CA1965. Before starting a business, each of the companies must register with ROC. On the other hand, the Companies Act 2006 is the act that governing the establishment and running of companies in UK. This Act is revised to help people understand the law governing companies. It also enhances the shareholders engagement as well as it enables the directors of the companies to start up a business and reduce the burden of legislation.
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...﻿Company Law – An Introduction
Unit Code: DE5H 35
Outcome 1
Melissa Mackenna-500006315
Context
Within this report you will find:
1.1. Introduction
1.2. Terms of Reference
1.3. Sole Traders
1.4. Partnerships
1.5. Corporate Bodies
1.5.1. Private Limited Companies
1.5.2. Public Limited Companies
1.6. Conclusion
1.7. Recommendations
1.8. Appendix
1.1. Introduction
The aim of this report is to:
Describe the differences in legal personalities and responsibilities between different company types.
Formalities and documents required for registering as a company
Types of corporate bodies and their characteristics (public and private companies)
Advise the best course of action
1.2. Terms of reference
The purpose of this report is to advise Karl and Theo in which direction they should expand their business next. Karl and Theo are seeking advice on the different types of companies available and the legal responsibilities involved within the different entities.
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...﻿TASK 1
Explain the reference to legal principle and relevant case law, the legal aspect of placing the ‘Klick’ clock in the shop window with a price tag attached.
Ann antiques has a rare ‘Klick’ clock on its shop with price tags of €1,000 attached. In spite of its wording the sign in the window does not constitute a legal offer, it is merely an invitation to treat. Invitation to treat is an indication that the person who invite is willing to enter into a negotiation but it is not yet prepared to be bound. This case may be seen in Fisher v Bell (1961). It was held that having switch-blade knives in the window of a shop was not the same as offering them for sale.
TASK 2
Analyze the reference to legal principle and relevant because law, the legal effect of the event that transpired between Ann and Beth ignoring the conversation that took place between Carol and Beth and advice as to whether the valid contract exist between them.
The original invitation to treat at €1,000 was met by an offer from Beth which offers €500 on the ‘Klick’ clock. After Ann received an offer from Beth, Ann made a counter offer on the clock that she would sell €750 for it. It is up to Beth to decide whether to accept the offer or not. A counter offer arises when the offeree tries to change the terms of an original offer.
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20528248
The use of section 37 of the Health and Safety at Work Act 1974
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Relevant case law:
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As decision states in Macaura v Northern Assurance Co Ltd [1925] AC 6192, there is a distinction between personal and company assets.
Lee v Lee’s Air Farming Ltd [1961] AC 123 shows that a controlling shareholder or a director can contract with the company.
Legal principles and legal reasons:
Dozey can enforce his charge (security) against Sleepy Head Pty Ltd. The company actually can be treated as a separate legal entity from its members. The process of registration under the Corporations Act can be applied to distinguish whether the company set up legally and has separate independent personality. As Sleepy Head Pty Ltd is validly registered with ASIC, it is in accordance with law process and is a legal entity. The company actually became a ‘person’ legally and different from Dozey. It has own rights and obligations and takes responsibilities with independent capital. The company and its members are two entities, adjusting...

...﻿NATIONAL ECONOMIC UNIVERSITY
BUSINESS SCHOOL
Module title: Business Law
Title of assessment: Michael Ltd
Course: E-MBA 13B
Submission date: Wednesday, 8th April 2015
Time: no later than 18:00PM
Submission location:
Member in group: 1. Nguyễn Thanh Mai EMBA13102
2. Nguyễn Thị Ngọc EMBA13112
3. Nguyễn Văn Huyên EMBA13077
Word count: 1,313 words.
TABLE OF CONTENTS
CONTENTS 3
I. In case of material delivered to Refressment Ltd and orders received by Refressment Ltd were not passed on to Moonflowers Ltd 3
II. There were the passed from Refressment Ltd on to Moonflowers. 5
CONCLUSION 7
REFERENCES 8
CONTENTS
In this case, before giving advice to Michael Ltd, it’s necessary to clear the relationship between Strongman Plc., Refressment Ltd and Moonflowers Ltd. With each circumstance case, there is one advice to Michael Ltd.
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...﻿
Q1. State three most important aspects of law as related to business. Give your rationale as to why those are the most important.
Ans. Business and law are interlinked to a large extent. It would not be possible to do business without law. There are some important aspects of law as related to business are given below.
Organizational:
Every organization needs a porichiti and it is known by a name which represent any business. Every organization has a name and it shows a distinction than other organization firstly. Structure is very important for any organization because it represents strength of any organization.
Different types of organization are available in the market and which type of organization it will be it depends on the owner of the company. It may be sole proprietorship or partnership or corporation. It depends on investment and liabilities also.
Business license is a important in case of businesses. Every organization needs a business license when they started and government will provide only.
Contract
Contract is a legally enforceable agreement between two or more persons to do, or to refrain from doing, a particular thing in exchange for something of value. It can be written, using formal or informal terms, or entirely verbal.
Without agreements with customers or clients no business could exist. Most major transactions for business will involve a written agreement, whether you...

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4 parts:
A - 40 marks
answer 8 out of the following 10 questions (10-15 lines on each)
What is a tort?
The law of tort is an area of the law that often only becomes relevant to people and businesses after the happening of a loss making event. This loss can be a physical or economic loss. A tort is considered to be a civil wrong other than a claim for a breach of contract .The Plaintiff must prove on the balance of probabilities that their version of the facts is more believable. Tort law is concerned with remedies and provides compensation for the injured party:
Usually damages and/or an injunction
The modern law of tort operates on the basis of remedies to persons for the harm suffered by the conduct of others.
explain the main differences between an action based in tort and an action based in contract law
Both commission of a tort and the breach of a contract can result in a civil wrong that will provide similar remedies for a plaintiff – compensation. In some cases the two actions are indistinguishable. The main difference between the two is that Contract Law is concerned with the enforcement of promises, and compensation if there is a breach of contract. Tort, on the other hand, is concerned with the protection of rights. These rights are mostly derived from case law and include the right of protection to one’s person,...